573.070. Injunctions and declaratory judgments.

MISSOURI STATUTES AND CODES

573.070. Injunctions and declaratory judgments.

Injunctions and declaratory judgments.

573.070. 1. Whenever material or a performance is being oris about to be promoted, furnished or displayed in violation ofthis chapter, a civil action may be instituted in the circuitcourt by the prosecuting or circuit attorney or by the cityattorney of any city, town or village against any personviolating or about to violate those sections in order to obtain adeclaration that the promotion, furnishing or display of suchmaterial or performance is prohibited. Such an action may alsoseek an injunction appropriately restraining promotion,furnishing or display of the material or performance.

2. Such an action may be brought only in the circuit courtof the county in which any such person resides, or where theviolation is taking place or about to take place.

3. Any promoter, furnisher or displayer of, or a person whois about to be a promoter, furnisher or displayer of, thematerial or performance involved may intervene as of right as aparty defendant in the proceedings.

4. The trial court and the appellate court shall giveexpedited consideration to actions and appeals brought under thissection. The defendant shall be entitled to a trial of theissues beginning within one week after joinder of issue and adecision shall be rendered by the court within two days of theconclusion of the trial. No restraining order or injunction ofany kind shall be issued restraining the promotion, furnishing ordisplay of any material or performance without a prior adversaryhearing before the court.

5. A final declaration obtained pursuant to this section maybe used to form the basis for an injunction and for no otherpurpose.

6. All laws regulating the procedure for obtainingdeclaratory judgments or injunctions which are inconsistent withthe provisions of this section shall be inapplicable toproceedings brought pursuant to this section. There shall be noright to jury trial in any proceedings under this section.